Tuesday, May 12, 2015

POLICE AND COAST GUARD ARE CARRYING OUT SEPARATE INVESTIGATIONS FOLLOWING FATAL SAGINAW RIVER BOAT CRASH IN MICHIGAN



















MAY 12, 2015

SAGINAW, MI

Police and Coast Guard investigators are carrying out separate investigations after a man was killed during a boating accident on the Saginaw River.

David Brigham, 25, and Robert A. Todd, 53, both of Vassar, were knocked into or jumped into the Saginaw River the morning of Friday, May 8, when the boat they were on had engine trouble and was struck by a tugboat pushing a barge near the Saginaw-Bay county line, police have said.

Zilwaukee firefighters rescued Brigham right after the emergency call and police located Todd's body on Monday, May 11, in the river near Bay City's James Clements Airport. 

The U.S. Coast Guard confirmed its investigative services division is looking into the cause of the crash. 

"I can't tell you any of the specifics," Coast Guard Petty Officer 3rd Class Lauren Laughlin said when asked about the probe. "The cause is under investigation." 
She said she could not answer questions or confirm what Saginaw County Sheriff William Federspiel said, that Coast Guard investigators are looking into whether or not a lookout was required on the barge and other maritime law questions to help the sheriff's department. 

The Coast Guard's online information says one rule of the International Regulations for Preventing Collisions at Sea (COLREGS) is about lookouts:

"Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision," the rule states, according to the Coast Guard. 

Coast Guard officials did not confirm whether or not the rule could apply to the crash or other regulations they may be considering. 

The Coast Guard is also looking into the aspect of shipping procedures and whether or not the tugboat was in the proper channel, Federspiel said, "which we believe he was."

Federspiel said investigators believe the tugboat and barge did not have a lookout, though there were others on board besides the captain. 

"It may be legitimate that they don't need a lookout on that vessel," the sheriff said. "The Coast Guard is going to confirm if they followed procedures and did everything properly."

Federspiel said his detectives are looking at the case from all angles, which is standard for a death with one or no witnesses.

The department will attempt to find evidence to corroborate the account given by the survivor, the sheriff said. The department is also waiting for results of an autopsy being done on Todd's body. 

Federspiel said the tugboat was operated by Cheboygan-based Morrish-Wallace Construction and the captain told investigators he did not know the crash happened.

Michigan Occupational Safety and Health Administration (MIOSHA) is not investigating the death because "...the fatality victim was not an employee, and because there was no employer/employee relationship, MIOSHA does not have jurisdiction over the incident," MIOSHA Spokeswoman Tanya Baker said. 

Asked about MIOSHA jurisdiction of incidents on the water, Baker said MIOSHA does not have jurisdiction over incidents occurring on navigable water, except for when public employees are engaged in maritime work, such as port authorities, cities or counties. 

Other federal agencies have jurisdiction over other workplace related deaths on the water, she said. For example, specific activities related to maritime shipbuilding, shipbreaking, ship repairing and long shoring remain within the exclusive jurisdiction of federal OSHA. 

When there is no employer/employee relationship, the U.S. Coast Guard has responsibility to safeguard the lives and safety of citizens in maritime situations, Baker said. 
Source: www.mlive.com